Section 5.92.990. Definitions.

	(a)  In addition to the definitions in AS 16.05.940, in  5 AAC 84 - 5 AAC 92, unless the context requires otherwise,  
		(1) "airport" means an airport listed in the current Federal Aviation Administration Alaska supplement and aviation chart;  
		(2) "animal" means any species with a vertebral column (backbone);  
		(3) "antler" means the annually cast and regenerated bony growth originating from the pedicle portion of the skull in members of the deer family;  
		(4) "antlerless" means the absence of an antler;  
		(5) "ATV"  
			(A) means a motorized tracked vehicle, or a vehicle with four or more wheels, operated on land weighing less than 1,000 pounds dry weight;  
			(B) does not include a snowmachine;  
		(6) "bag limit" means the maximum number of animals of any one game species a person may take in a unit or portion of a unit in which the taking occurs; an animal disturbed in the course of legal hunting does not count towards a bag limit;  
		(7) "bait" means any material excluding scent lures, that is placed to attract an animal by its sense of smell or taste; "bait" does not include those parts of legally taken animals that are not required to be salvaged as edible meat if the parts are not moved from the kill site;  
		(8) "barbed" means, in the case of an arrowhead, having any fixed portion of the rear edge of the arrowhead forming an angle less than 90 degrees with the shaft when measured from the nock end of the arrow; a notch or space of no more than two millimeters between the base of the blade and the shaft shall not be considered a barb;  
		(9) "big game" means black bear, brown bear, bison, caribou, Sitka black-tailed deer, elk, mountain goat, moose, muskox, Dall sheep, wolf, and wolverine; "big game", for the purposes of a youth hunt, does not include bison or muskox;  
		(10) "boat" means a vehicle, vessel, or watercraft operated in or on water deep enough to float it at rest and includes hovercraft, airboats, personal watercraft, and amphibious vehicles;  
		(11) "bow" means a long bow, recurve bow, or compound bow that is a device for launching an arrow which derives its propulsive energy solely from the bending and recovery of two limbs, and that is hand-held and hand-drawn by a single and direct pulling action of the bowstring by the shooter with the shooter's fingers or a hand-held or wrist-attached release aid; the energy used to propel the arrow may not be derived from hydraulic, pneumatic, explosive, or mechanical devices, but may be derived from the mechanical advantage provided by wheels or cams if the available energy is stored in the bent limbs of the bow; no portion of the bow's riser (handle) or an attachment to the bow's riser may contact, support, or guide the arrow from a point rearward of the bowstring when strung and at rest; "bow" does not include a crossbow or any device that has a gun-type stock or incorporates any mechanism that holds the bowstring at partial or full draw without the shooter's muscle power;  
		(12) "broadhead" means a fixed, replaceable, or mechanical/retractable blade-type arrowhead that is not barbed, with two or more sharp cutting edges having a minimum cutting diameter of not less than seven-eighths inch;  
		(13) "brow tine" means a tine emerging from the first branch or brow palm on the main beam of a moose antler; the brow palm is separated from the main palm by a wide bay; a tine originating in or after this bay is not a brow tine;  
		(14) "brown bear" means Ursus arctos including grizzly bears; the terms brown bear and grizzly bear are synonymous;  
		(15) "buck" means any male Sitka black-tailed deer;  
		(16) "bull moose" means a male moose;  
		(17) "calf" means a moose, caribou, elk, muskox, or bison less than 12 months old;  
		(18) "closed season" means the time when game may not be taken;  
		(19) "crossbow" means a bow, mounted on a stock, which mechanically holds the string at partial or full draw, that shoots projectiles which are generally called bolts or quarrels;  
		(20) "cub bear" means a brown/grizzly bear in its first or second year of life, or a black bear (including the cinnamon and blue phases) in its first year of life;  
		(21) "deleterious exotic wildlife" includes  
			(A) English sparrow;  
			(B) raccoon;  
			(C) starling;  
			(D) unconfined or unrestrained  
				(i) Belgian hare;  
				(ii) Muridae rodent;  
				(iii) rockdove;  
			(E) feral  
				(i) ferret;  
				(ii) swine;  
			(F) Eurasian collared dove;  
		(22) "dire emergency" means a situation in which a person  
			(A) is in a remote area;  
			(B) is involuntarily experiencing an absence of food required to sustain life;  
			(C) will be unable to perform the functions necessary for survival, leading to a high risk of death or serious and permanent health problems, if wild game food is not immediately taken and consumed; and  
			(D) cannot expect to obtain other food sources in time to avoid the consequences described in (C) of this paragraph;  
		(23) "domicile" means the location of a person's primary residence; evidence of domicile includes  
			(A) a statement made to obtain a license to drive, hunt, fish, or engage in an activity regulated by a government entity;  
			(B) an affidavit of the person, or of another person who may know of that person's domicile;  
			(C) the place of voter registration;  
			(D) the location of a residence owned, rented, or leased;  
			(E) the location where household goods are stored;  
			(F) the location of a business owned or operated;  
			(G) the residence of a spouse or minor children or dependents;  
			(H) a government to which a tax is paid; and  
			(I) evidence indicating whether the person has claimed residence in another location for the purpose of obtaining benefits provided by the government in that location;   
		(24) "drainage" means the area of land drained by a creek, stream, or river, unless further defined in regulation;  
		(25) "drawing permit" means a permit issued to a person who is one of a limited number of people selected by means of a lottery held for people who have submitted a valid application for the permit and who agree to abide by the conditions specified for each hunt;  
		(26) "edible meat" means, in the case of a big game animal, except a bear, the meat of the ribs, neck, brisket, front quarters, hindquarters, and the meat along the backbone between the front and hindquarters; in the case of a bear, the meat of the front quarters and hindquarters and meat along the backbone (backstrap); in the case of small game birds, except for cranes, geese, and swan, the meat of the breast; in the case of cranes, geese, and swan, the meat of the breast and meat of the femur and tibia-fibula (legs and thighs); however, "edible meat" of big game or small game birds does not include meat of the head, meat that has been damaged and made inedible by the method of taking, bones, sinew, incidental meat reasonably lost as a result of boning or a close trimming of the bones, or viscera;  
		(27) "falconry" means the sport of taking game by means of a trained raptor;  
		(28) "field" has the meaning given in AS 08.54.790;  
		(29) "front quarter" means the front leg and shoulder, including the scapula, as far as the distal joint of the radius-ulna;  
		(30) "full-curl horn" of a male (ram) Dall sheep means that  
			(A) the tip of at least one horn has grown through 360 degrees of a circle described by the outer surface of the horn, as viewed from the side, or  
			(B) both horn tips are broken; means the lamb tip is completely absent; horn tips that are chipped or cracked are not broken if any portion of the lamb tip is present; characteristics of the lamb tip include:  
				(i) a length of less than four inches,  
				(ii) the inside surface of the lamb tip is distinctly concave when compared to the remainder of the horn, and  
				(iii) the lamb tip is the section of a horn that is grown during the first six months of a sheep's life and is the section of horn distal of the first annulus, which is the swelling of the horn that forms during the first winter of life, or  
			(C) the sheep is at least eight years of age as determined by horn growth annuli;  
		(31) "fur animal" means a beaver, coyote, arctic fox, red fox, lynx, flying squirrel, ground squirrel, or red squirrel that has not been domestically raised; "fur animal" is a classification of animals subject to taking with a hunting license;  
		(32) "furbearer" means a beaver, black bear, coyote, arctic fox, red fox, lynx, fisher, marten, mink, least weasel, short-tailed weasel, muskrat, land otter, red squirrel, flying squirrel, ground squirrel, Alaskan marmot, hoary marmot, woodchuck, wolf, or wolverine; "furbearer" is a classification of animals subject to taking with a trapping license;  
		(33) "handicraft" means a finished product in which the shape or appearance of the natural material has been substantially changed by skillful use of the hands, such as by sewing, carving, etching, scrimshawing, painting, or other means, and which has substantially greater monetary and aesthetic value than the unaltered natural material alone;  
		(34) "harass" means to repeatedly approach an animal in a manner which results in the animal altering its behavior;  
		(35) "harvest objective" is the human consumptive use goal set by the board in consultation with the department, and means the number of animals to be made available for human harvest from a game population or portion of that population on an annual basis;  
		(36) "hide" means any untanned external covering of any game animal's body, but does not include a handicraft or other finished product; "hide" of a bear means the entire external covering with claws attached;  
		(37) "highway" means the driveable surface of a constructed road;  
		(38) "hindquarter" means the hind leg, excluding the pelvis, as far as the distal joint of the tibia-fibula (hock);  
		(39) "household" means that group of people domiciled in the same residence;  
		(40) "hunting area" for a species means that portion of a game management unit in which a season and a bag limit for that species are set out in 5 AAC 85;  
		(41) "inboard motor" includes a motor located within the confines of a boat;  
		(42) "invasive species"  
			(A) means a nonnative species whose introduction does or is likely to cause economic or environmental harm or harm to human health; this  
			(B) includes deleterious exotic wildlife;  
		(43) "jaw spread" means the distance between the inside of the jaws of a trap measured on a line perpendicular to a line drawn through the jaw pivot points when the trap is in a set position;  
		(44) "jet aircraft" means an aircraft powered by an engine or engines that have no external propellers;  
		(45) "mechanical blade-type broadhead" and "retractable blade-type broad head" means a broadhead with cutting edges that are retracted during flight and open upon impact to a minimum cutting diameter of not less than seven-eighths inch and does not lock open after impact to create fixed barbs;  
		(46) "moose antler" definitions:  
			(A) "50-inch antlers" means the antlers of a bull moose with a spread of 50 inches or more measured in a straight line perpendicular to the center line of the skull;  
			(B) "spike-fork antlers" means antlers of a bull moose with only one or two tines on at least one antler; an antler point or tine originating within two inches from the base, and less than three inches in length, will not be counted as a tine, male calves are not considered spike-fork bulls;  
			(C) "spike" means antlers of a bull moose with only one tine on at least one antler; for the purposes of this subparagraph, male calves are not considered spike bulls;  
		(47) "motorized land vehicle" means a motorized vehicle operated on land, and includes hovercraft and airboats;  
		(48) "motorized vehicle" means a motor-driven land, water, or air conveyance;  
		(49) "Muridae rodent" includes true mice and rats, gerbils, and their relatives;  
		(50) "muzzleloader" means a firearm for which firing components are loaded into the muzzle end of the firearm;  
		(51) "naturally shed antler" means any portion of an antler that has the base (burr) intact and that has not been physically removed from the skull by cutting, sawing, or breaking;  
		(52) "nonresident" includes a nonresident alien as defined in AS 16.05.940;  
		(53) "nuisance wildlife" includes  
			(A) a feral domestic bird or mammal, deleterious exotic wildlife, unclassified game, small game, fur animals or furbearers, except wolf, wolverine, or lynx, or migratory bird for which there is a federal depredation order for this state issued under 50 C.F.R. Sec. 21.43;  
			(B) an animal that  
				(i) invades or comes to occupy a dwelling, vessel, vehicle, structure, or storage container;  
				(ii) causes property damage; or  
				(iii) is an invasive species or introduced nonnative species that poses immediate or long-term threats to human health, safety, or property or to native wildlife, wildlife health, or habitat;  
		(54) "open season" means the time when game may be taken; an open season includes the first and last days of the period prescribed;  
		(55) "peace officer" means a police officer of the state or a person authorized by the commissioner of the Department of Fish and Game under AS 16.05.150;  
		(56) "peak draw weight" means the peak poundage at which a bow is drawn through or held at full draw by the shooter at the shooter's draw length;  
		(57) "pelt" has the same meaning as "hide";  
		(58) "permit hunt" means a hunt for which a permit is issued on a drawing, registration, subsistence, or targeted hunt basis;  
		(59) "person" means a natural person and does not include a corporation, company, partnership, firm, association, organization, business trust, or society;  
		(60) "personally accompanied" means staying within 100 yards of the person being accompanied at the point where an attempt to take game is made;  
		(61) "point" means any antler projection that is at least one inch long, and that is longer than it is wide, measured one inch or more from the tip;  
		(62) "poison" means a substance that is toxic or poisonous upon contact or ingestion;  
		(63) "population objective" means the desired size of a game population or portion of that population, set by the board in consultation with the department;  
		(64) "possession limit",  
			(A) for migratory game birds, means the maximum number of lawfully taken migratory game birds of a single species or designated aggregate of species that may be possessed by any one person in any specified geographic area for which a possession limit is prescribed;  
			(B) for resident game birds, means whole birds or the edible meat of game birds, excluding those that are canned, frozen, smoked, dried or otherwise processed for human consumption after a 15-day period;  
		(65) "processed for human consumption" means prepared for immediate consumption or prepared in such a manner, and in an existing state of preservation, as to be fit for human consumption after a 15-day period;  
		(66) "property" means  
			(A) a dwelling, permanent or temporary;  
			(B) an aircraft, boat, automobile, or other conveyance;  
			(C) a domesticated animal;  
			(D) fenced gardens and landscaped plants, excluding native vegetation;   
			(E) other property of substantial value;   
		(67)  "registration permit" means a hunting permit issued to a person who agrees to the conditions specified for each hunt; permits are issued in the order applications are received, and are issued beginning on a date announced by the department and continuing  
			(A) throughout the open season, or until the season is closed by emergency order when a harvest quota is reached; or  
			(B) until a predetermined number of permits have been issued;  
		(68) "regulatory year" means July 1 - June 30;  
		(69) "road-connected area" means the location of domiciles that are normally accessed by motorized highway vehicles operating on constructed roads that connect to the main highway system in the relevant area, including roads that can be negotiated during any portion of the year; in this paragraph, "normally accessed" means that it is reasonably feasible to transport persons, food, and other supplies to domiciles by motorized highway vehicles;  
		(70) "salvage" means to transport the edible meat, heart, liver, kidneys, head, skull, or hide, as required by statute or regulation, of a game animal or small game bird to the location where the edible meat, heart, liver, or kidneys will be consumed by humans or processed for human consumption in order to save or prevent the edible meat, heart, liver, or kidneys from waste, and the head, skull, or hide will be put to human use;  
		(71) "sealing" means the placement of an official marker or locking tag (seal) by an authorized representative of the Department of Fish and Game on an animal hide or skull, and may include;  
			(A) collecting and recording biological information concerning the conditions under which the animal was taken;  
			(B) measuring the specimen submitted for sealing; and  
			(C) retaining specific portions of the animal for biological information, such as a pre-molar tooth from a bear;  
		(72) "7/8 curl horn" means the horn of a mature male Dall sheep, the tip of which has grown through seven-eighths of a circle (315_), described by the outer surface of the horn, as viewed from the side, or with both horn tips broken;  
		(73) "skin" has the same meaning as "hide";  
		(74) "small game" means all species of grouse, hare, other than Belgian hare, ptarmigan, waterfowl, crane, and snipe;  
		(75) "snowmachine" means a motor vehicle of 850 pounds or less gross vehicle weight, primarily designed to travel over snow, and supported, in part by skis, belts, or tracks; "snowmachine" includes the motor vehicle commonly known as a snowmobile;  
		(76) "targeted permit" means a permit issued on short notice and a lottery basis to an applicant who has previously registered and is willing to participate in a hunt under short notice;  
		(77) "3/4 curl horn" means the horn of a mature male Dall sheep, the tip of which has grown through three-quarters of a circle (270_), described by the outer surface of the horn, as viewed from the side;  
		(78) "Tier I" means the circumstance where the board has identified a game population that is customarily and traditionally used for subsistence and where it is anticipated that a reasonable opportunity can be provided to all residents who desire to engage in that subsistence use;  
		(79) "Tier II" means the circumstance where the board has identified a game population that is customarily and traditionally used for subsistence and where, even after nonsubsistence uses are eliminated, it is anticipated that a reasonable opportunity to engage in that subsistence use cannot be provided to all residents eligible at Tier I who desire to participate;  
		(80) "tine" has the same meaning as "point";  
		(81) "transport" means to ship, carry, import, export, or receive or deliver for shipment, carriage, or export;  
		(82) "trophy" means a mount of a big game animal, including the skin of the head (cape) or the entire skin, in a lifelike representation of the animal, including a lifelike representation made from any part of a big game animal; "trophy" also includes a "European mount" in which the horns or antlers and the skull or a portion of the skull are mounted for display;  
		(83) "unclassified game" means any species of game not otherwise classified in this section as "big game," "deleterious exotic wildlife," "fur animal," "furbearer," or "small game";  
		(84) "unit" means one of the 26 geographical areas defined in 5 AAC 92.450;  
		(85) "within the second degree of kindred" means a mother, father, brother, sister, son, daughter, spouse, grandparent, grandchild, brother- or sister-in-law, son- or daughter-in-law, father- or mother-in-law, step-father, step-mother, step-sister, step-brother, step-son, and step-daughter;  
		(86) "year" means calendar year unless another year is specified;  
		(87) "youth hunt" means a hunt limited to a child aged 10 to 17 and an accompanying adult; if the child is a  
			(A) resident, the accompanying adult may be any licensed resident hunter 21 years of age or older;  
			(B) nonresident, the accompanying adult must be a licensed resident hunter 21 years of age or older who is a parent, stepparent, or legal guardian of the child;  
	(b)  For the purpose of AS 16.05.783, "shoot" or "assist in shooting" means to intentionally take or assist in taking an animal by discharging a lethal projectile from a firearm.  

Authorities

16.05.255;16.05.258

Notes

Reference

12 AAC 75.340
5 AAC 07.365
5 AAC 85.075
5 AAC 92.150
5 AAC 92.220
5 AAC 92.400

Authority

AS 16.05.255 AS 16.05.258 Editor's note: The 10/23/2014 amendment of 5 AAC 92.990 included renumbering of various definitions to present them in alphabetical order. ________________________

History

Eff. 7/5/85, Register 95; am 6/19/86, Register 98; am 7/3/86, Register 99; am 8/8/87, Register 103; am 4/24/88, Register 106; am 7/14/88, Register 107; am 8/20/89, Register 111; am 8/10/90, Register 115; am 8/12/90, Register 115; am 1/17/91, Register 117; am 8/10/91, Register 119; add'l am 8/10/91, Register 119; am 7/1/92, Register 122; am 5/5/93, Register 126; am 7/7/94, Register 131; am 7/8/95, Register 135; am 7/9/95, Register 135; am 6/28/96, Register 138; am 7/1/97, Register 142; am 7/26/97, Register 143; am 10/4/97, Register 144; am 7/1/98, Register 146; add'l am 7/1/98, Register 146; am 7/1/2000, Register 154; am 7/1/2001, Register 158; am 7/1/2002, Register 162; am 7/1/2003, Register 166; am 7/1/2004, Register 170; am 7/1/2005, Register 174; am 7/1/2007, Register 182; add'l am 7/1/2007, Register 182; am 9/13/2007, Register 183; am 12/2/2007, Register 184; am 7/1/2008, Register 186; am 7/1/2010, Register 194; am 7/1/2011, Register 198; 1st add'l am 7/1/2011, Register 198; 2nd add'l am 7/1/2011, Register 198; am 7/1/2012, Register 202; add'l am 7/1/2012, Register 202; am 7/1/2013, Register 206; add'l am 7/1/2013, Register 206; am 7/1/2014, Register 210; am/readopt 10/23/2014, Register 212; am 7/1/2016, Register 218

References

5.92.990